Terms of Use

PLEASE NOTE: YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT

 

These “Terms of Use” set forth the terms and conditions that apply to your use of www.whitedoveusa.com and any associated mobile applications (collectively, the “Web Site”). By using the Web Site, you agree to comply with all of the Terms of Use set forth herein. The right to use the Web Site and these Terms of Use are personal to you, and are not transferable by you to any other person or entity.
As provided below, White Dove Mattress may update these Terms of Use at any time, without notification to you, and you should review these Terms of Use from time to time by accessing the Web Site. Your continued use of the Web Site shall be deemed irrevocable acceptance of any such revisions. The right to use the Web Site and these Terms of Use are personal to you, and are not transferable by you to any other person or entity.

1. Copyrights, Trademarks, and Patents
The materials found on the Web Site are protected by United States and other copyright laws. The selection, arrangement, and presentation of all materials (including information in the public domain), and the overall design of the Web Site are copyright © White Dove Mattress, all rights reserved. Permission is granted to view and print materials from the Web Site for the non-commercial purpose of viewing, reading, and retaining for reference. Any other copying, distribution, retransmission or modification of information or materials on the Web Site, whether in electronic or hard copy form, without the express prior written permission of White Dove Mattress, is strictly prohibited.
“White Dove Mattress” and other trademarks and/or service marks (including logos and designs) found on the Web Site are trademarks/service marks that identify White Dove Mattress and the goods and services that it provides. Such marks may not be used under any circumstances without the prior written authorization of White Dove Mattress. Portions and features of the products of White Dove Mattress or its affiliates, suppliers, or partners are, or may be, protected by United States and/or foreign patents, as well as patents pending.
No person is authorized to use, copy, or distribute any portion of the Web Site including related graphics.

2. Links to Third-Party Web Site
The Web Site may provide hyperlinks to third-party web sites as a convenience to users of the Web Site (each, a “Third-Party Site”). White Dove Mattress does not control Third-Party Sites, and is not responsible for the contents or activities of any Third Party Sites or any hyperlinks contained therein. White Dove Mattress does not endorse, recommend, or approve any Third-Party Site, and will have no liability to any person or entity for the content or use of the content available through such hyperlink.

3. Children’s Issues.
The Web Site is not directed for use by children under eighteen (18) years of age without adult supervision. Children under such age must not use the Web Site or services offered on it without adult supervision, and are not permitted to become members of the Web Site or to otherwise submit any personally identifiable information. By visiting or using the Web Site or accepting these Terms of Use, you represent and warrant to White Dove Mattress that you have reached the age of majority in your jurisdiction, and that you have the right, authority, and capacity to agree to and abide by these Terms of Use.

4. Login ID and Passwords
To the extent you are accessing any portion of the Web Site requiring a login ID or a password, you are responsible for all use of the Web Site made using your login ID and password, whether or not the use is made by you or someone else using that information. You are responsible for protecting and securing your login ID and password from unauthorized use, and you agree to indemnify White Dove Mattress and its members, managers, officers, agents, and affiliates against all loss or damage arising from such unauthorized use. If you believe there has been a breach of security of your login ID or password, you agree to notify us immediately.
Visitors to the Web Site are prohibited from posting or transmitting any material that: (a) is in violation of any applicable law or regulation; (b) infringes upon the copyright, trademark, trade secret, or other intellectual property rights of others; (c) violates the privacy, publicity, or other personal rights of others, (d) is defamatory, obscene, threatening, abusive or hateful; (e) contains any viruses, corrupted files, or similar software; (f) falsifies or deletes any author attributions or other similar notices or proprietary designations; or (g) otherwise violates any applicable code of conduct or other guideline that is applicable to such material. Further, you may not use the Web Site to: (i) advertise or offer to sell or buy any goods or services, other than providing requested information or (ii) conduct or forward surveys, contests, pyramid schemes, chain letters, or similar items or communications.
Users are also prohibited from violating or attempting to violate the security of the Web Site. More specifically, you are prohibited from doing any of the following: (i) accessing data not intended for you or logging into a server or account that you are not authorized to access; (ii) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measure; (iii) attempting to interfere with Web Site service, including submitting a virus, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”; or (iv) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liabilities. White Dove Mattress reserves the right to investigate such violations, and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Although under no obligation to do so, White Dove Mattress reserves the right to review and remove any content that, in its sole judgment, violates these Terms of Use, violates applicable laws, rules, or regulations, or that is otherwise abusive, disruptive, offensive, harmful, or illegal. White Dove Mattress reserves the right to expel users and members of the Web Site and to prevent their further access to the Web Site if they violate our Terms of Use. Further, we reserve the right to take any action that we deem appropriate with respect to user content in order to prevent potential liability, damage to our brand or public image, or damage to our relationship with our vendors or suppliers.
When you submit postings, comments, or other content to the Web Site (including without limitation any information concerning your Intellectual Property), you grant us a limited, non-exclusive, royalty-free, transferable right and license to copy, use, distribute, reproduce, modify, display, perform, create derivative works from, store and otherwise use such content, in any media known now or in the future, and you represent that you have sufficient rights in the content to make this grant.

5. No Representations or Warranties; Limitations on Liability
The information and materials on the Web Site could include technical inaccuracies or typographical errors. Changes are periodically made to the information contained therein. WHITE DOVE MATTRESS AND/OR ITS SUPPLIERS, AGENTS, OR AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY INFORMATION, MATERIALS OR GRAPHICS ON THE WEB SITE, ALL OF WHICH IS PROVIDED ON A STRICTLY “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND AND HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES WITH REGARD TO ANY INFORMATION, MATERIALS OR GRAPHICS ON THE WEB SITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL WHITE DOVE MATTRESS OR ITS SUPPLIERS, AGENTS, OR AFFILIATES BE LIABLE UNDER ANY THEORY OF RECOVERY, AT LAW OR IN EQUITY, FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, SPECIAL, DIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO LOSS OF USE OR LOST PROFITS), ARISING OUT OF OR IN ANY MANNER CONNECTED WITH THE USE OF INFORMATION OR SERVICES, OR THE FAILURE TO PROVIDE INFORMATION OR SERVICES, FROM THE WEB SITE. FURTHER, NO RESPONSIBILITIES ARE ACCEPTED FOR ANY DAMAGE AND/OR DELAY DUE TO SICKNESS, PILFERAGE, LABOR DISPUTES, BANKRUPTCY, MACHINERY BREAKDOWN, QUARANTINE, GOVERNMENT RESTRAINTS, WEATHER, TERRORISM, OR OTHER CAUSES BEYOND WHITE DOVE’S CONTROL.

6. Indemnification
You agree to indemnify, defend and hold harmless White Dove Mattress, and its officers, managers, members, employees, agents, and affiliates, and their respective successors and assigns, from and against any and all loss, costs, expenses (including reasonable attorneys’ fees and expenses), claims, damages and liabilities related to or associated with your use of the Web Site, your violation of any of these Terms of Use, or any misrepresentation of any representation or warranty made by you under these Terms of Use.

7. Governing Law and Jurisdiction
These Terms of Use constitute a contract made under, and shall be governed by and construed in accordance with, the laws of the State of Ohio. Any dispute related to these Terms of Use or the Web Site will be submitted to binding arbitration in Cleveland, Ohio, pursuant to the Commercial Arbitration Rules of the American Arbitration Association; provided, however, that either party may seek preliminary injunctive or other equitable relief pending arbitration to prevent irreparable harm. Any dispute you may have with respect to the Web Site or these Terms of Use must be commenced by you within one year after it arises.

8. Changes to These Terms of Use
These Terms of Use were last updated on January 10, 2017. We may update our Terms of Use as our policies and procedures change from time to time. Without limiting the foregoing, White Dove Mattress reserves the right to change the Terms of Use under which this Web Site or mobile applications are offered at any time. We encourage you to periodically review this page to become aware of any changes. When you continue to use the Web Site, you will be using the Web Site subject to these Terms of Use (as updated). To the extent that any modification to these Terms of Use is deemed invalid or ineffective, for any reason, the terms and conditions of these Terms of Use as in effect immediately prior to such modification shall remain in effect and shall be controlling.

9. Entire Agreement
These Terms of Use, including the documents referenced by and incorporated into this document, constitute the entire agreement between you and White Dove Mattress, and such Terms of Use govern your use of our Web Site, superseding all prior or contemporaneous agreements, understandings, or representations.

10. Contact Information
Questions or comments regarding the Web Site or these Terms of Use should be sent by submission through the “contact” portion of our Web Site.